VASUDEVA MUDALIAR Vs. MAVELAPPA NADAR

JUDGEMENT

(1.) The facts are shortly as follows. The 1st defendant obtained Rs. 2,500 at Palladam within the jurisdiction of the District Munsif s Court of Tirnpur in the Coimbatore District (1st defendant also residing in that district) promising to supply cotton to the 2nd defendant at Palladam itself. The 2nd defendant had a partner (plaintiff) living at Virudupatti within the jurisdiction of the District Munsif s Court of Satur in the Ramnad District. The 2nd defendant s duty was to advance partnership moneys to customers and receive cotton at Palladam from the customers to whom advances had been made and to send on the cotton to Virudupatti. Towards the Rs. 2,500 advanced, the 1st defendant gave 6 pothies of cotton worth Rs. 525 at Palladam, but the 6 pothies were returned to him at Palladam itself as he himself promised to send it on direct to Virudupatti instead of 2nd defendant sending it on to Virudupatti.

(2.) This was on 10th October 1910. A sum of Rs. 1-15-6 besides this Rs. 2,500 seems also to have been due by 1st defendant to the plaintiff s firm.

(3.) The 1st defendant did not send the 6 pothies to Virudupatti nor did he supply cotton for the remaining Rs. 1,975. So he owed Rs. 2,501-15-6 on accounts to the partnership firm, out of which he paid to the 2nd defendant Rs. 501-15-6 sometime afterwards and owed a balance of Rs. 2,000 in April 1911.